Oregon Administrative Code

839-011-0560 Apprenticeship and Training Council Subpoenas — Failure to Appear If a person served with a subpoena fails to appear and has not filed any prior objections, the Council will conclude that the person has refused, without reasonable cause, to answer any question or to …

839-011-0565 Apprenticeship and Training Council Subpoenas — Enforcement of Subpoena If a person served with a subpoena refuses, without reasonable cause, to be examined, to answer any question or to produce any document or other thing as required by the subpoena, the Council may…

839-012-0600 Apprenticeship Grants (1) To be eligible for a grant described in section 1, chapter 496, Oregon Laws 2023, an applicant: (a) Must be registered on the Secretary of State’s business registry, unless the applicant is exempt from the obligation to do so; (b) Must inclu…

839-012-0605 Definitions (1) “Apprenticeship Opportunities” means the availability to apply and opportunity to be selected as a Registered Apprentice. (2) “Community Based Organization” means an organization that has the capacity to help certain worker populations, such as women,…

839-012-0610 Purpose of Trade Outreach to Veterans Grant Program (1) The purpose of the Trade Outreach to Veterans Grant program is to inform veterans about registered apprenticeship programs that will prepare them for trade careers, to connect veterans with opportunities to purs…

839-012-0615 Applications and Eligibility (1) Applications must be submitted in the form required, and by a deadline set, in the solicitation. (2) Applicants for Trade Outreach Veterans Grants must be an Oregon Trade Union or Trade Association. (3) Applicants shall be permitted t…

839-012-0635 Evaluation Criteria Trade Outreach Veterans Grant applications are evaluated according to how they address the themes described in OAR 839-011-0610(1). Additional evaluation criteria include: (1) Significance of the activity or the project, including the quality of t…

839-012-0645 Use of Grant Funds (1) Trades Outreach Veterans Grant funds must be used to provide one or more of the following services: (a) Inform veterans in Oregon about apprenticeship opportunities available to them; (b) Connect veterans in Oregon with registered apprenticeshi…

839-012-0655 Grant Awards Process; Administration of Grants (1) Applications submitted to the Bureau of Labor and Industries pursuant to its solicitation will be reviewed by staff to determine whether the applicant is eligible to receive a Trades Outreach Veterans Grant. Ineligib…

839-012-0675 Grant Contract; Final Reports Grant recipients are required to enter into a contract with the Apprenticeship and Training Division of the Bureau of Labor and Industries. Pursuant to that contract, each grant recipient must complete a final expense and narrative repor…

839-014-0020 Notice of Proposed Rules Prior to the permanent adoption, amendment or repeal of any rule relating to farm-worker camp operations and registration of farm worker camps, the Bureau of Labor and Industries shall give notice of the intended action as required in OAR 839…

839-014-0035 Definitions for Regulations Pertaining to Farmworker Camp Operations As used in ORS 658.705 to 658.850, and in these rules unless the context requires otherwise: (1) “Applicant” means an individual who proposes to operate a farmworker camp and who is applying for a c…

839-014-0040 Character, Competence and Reliability The character, competence and reliability contemplated by ORS 658.705 to 658.850 and these rules includes, but is not limited to, consideration of: (1) A person’s record of conduct in relations with workers, farmers and others wi…

839-014-0050 Camp Operators Must Obtain Indorsement Farm-worker camp operators must obtain a farm labor contractor’s license pursuant to ORS 658.405 to 658.475 and the rules adopted thereunder, unless otherwise exempt pursuant to OAR 839-014-0060. Additionally, farmworker camp op…

839-014-0060 Exemptions from Farmworker Camp Licensing Requirements (1) A building or other structure is not considered to be a farm-worker camp if it is: (a) A single dwelling place, isolated and independent of other dwelling places, which is occupied solely by members of the sa…

839-014-0075 Issuance of Indorsement (1) An indorsement may be issued only as follows: (a) To an individual licensed as a farm/forest labor contractor proposing to operate as a sole proprietor under the individual’s own name or under the individual’s own name and an assumed busin…

839-014-0085 Use of Certain Agents Prohibited/Evidence of Sham or Subterfuge (1) The bureau may refuse to issue indorsements to any person who proposes to use any individual, partnership, association, corporation or other entity as such persons’ agent for the performance of any a…

839-014-0090 Procedure for Obtaining an Indorsement An indorsement may be applied for as follows: (1) File a completed application on forms supplied by the Bureau. In the case of a partnership or corporation, each partner, majority shareholder or major shareholders must complete …

839-014-0100 Procedure for Obtaining a Duplicate Indorsement In the event a license with the indorsement is lost or stolen, the licensee shall submit a written request for a duplicate license and indorsement. The licensee shall state the reasons for the request and the circumstan…

839-014-0105 Procedure for Renewing Indorsement (1) Indorsement shall expire with the farm/forest contractor's license each year unless sooner revoked. (2) Applications for renewal shall be made 30 days before the expiration date of the license by filing a renewal application, pa…

839-014-0170 Scope of Examinations (1) The License Unit shall provide written examinations as the commissioner deems necessary. (2) The License Unit shall provide all materials required for the examinations except hand-held calculators or slide rules that may be used by the appli…

839-014-0175 Examination Requirements (1) Applicants may schedule an appointment with staff or designated proctors throughout the state to take an examination after receipt of a letter of authorization from the License Unit. (2) Once an applicant is authorized for examination, th…

839-014-0178 Grading of Examinations/Notice of Score (1) The passing score for each examination shall be 75 percent. (2) The License Unit shall notify the applicant by mail of the examination scores. Statutory/Other Authority: ORS 164, 165, 651, 658 & 962 Statutes/Other Implement…

839-014-0180 Review of Examinations (1) Applicants failing to pass an examination may schedule an appointment with the License Unit to review the examination at a site designated by the License Unit. (2) Requests to review failed examinations shall be scheduled within 30 days fro…

839-014-0185 Re-Examination (1) Applicants who fail an examination shall wait the following time periods before retaking the examination: (a) First failure: seven days; (b) Second failure: 14 days; (c) Third failure: 30 days; (d) Any subsequent failures: 60 days. (2) Re-examinati…

839-014-0190 Substitution of Oregon Examination (1) The commissioner may recognize national or state examinations for licensing if taken and passed within the last 12 months. (2) A specific examination that may be recognized in lieu of the Oregon examinations is the Farm Labor Co…

839-014-0195 Alternative Methods of Examination (1) An applicant for whom English is a second language may bring an interpreter to the examination to translate the examination questions. An interpreter may not assist an applicant in answering any question, but may translate the a…

839-014-0200 Proof Required/Forms to Be Used for Bonds and Deposits (1) Every applicant for a farm-worker camp operator's indorsement shall, in lieu of the bond or deposit required by ORS 658.415 and unless otherwise exempt, submit a bond or deposit with the application and conti…

839-014-0210 Amount of Bond or Deposit to Be Filed (1) The amount of the bond or deposit referred to in OAR 839-014-0200 is $15,000, unless a greater amount is required by ORS 658.415 or by the Commissioner. The amount of the bond or deposit must be continually maintained as long…

839-014-0220 Deposit in Cash or Negotiable Securities As used in ORS 658.735 and in these rules “a deposit in cash or negotiable securities” means a single financial instrument which yields no less than the amount required pursuant to OAR 839-014-0210 in cash immediately upon dem…

839-014-0250 Protesting the Issuance of an Indorsement Any individual may protest the issuance of an indorsement to any applicant for such an indorsement. The protest may be made at any time after the indorsement is actually issued as well as at any time prior to the issuance of …

839-014-0260 Procedure for Filing Protest (1) Any individual desiring to protest the issuance of an indorsement must file the protest in writing with the Bureau of Labor and Industries. (2) The written protest must contain the following information: (a) Name, address and phone nu…

839-014-0310 Records Required to Be Made and Maintained by Farmworker Camp Operator (1) All farmworker camp operators shall make and maintain for a period of three years records necessary to determine their compliance with ORS 658.705 to 658.850 and these rules. (2) Records neces…

839-014-0320 Records Availability A farmworker camp operator shall make available to representatives of the Wage and Hour Division records necessary to determine compliance with ORS 658.405 to 658.475, 658.705 to 658.850 and these rules. Records shall be made available upon the r…

839-014-0350 Camp Operator to Post Notice of Compliance with Bond Requirements (1) Every farmworker camp operator who is required to furnish a surety bond, or make a deposit in lieu thereof, shall keep conspicuously posted in an exterior area of the camp which is open to all resi…

839-014-0360 Camp Operator to Post Indorsement (1) Every farmworker camp operator shall keep conspicuously posted a copy of the license, with the appropriate indorsement affixed thereto, in an exterior area of the camp easily accessible to camp occupants. The license must be post…

839-014-0380 Action Against the Bond or Deposit (1) Any person entitled to recover sums received by the indorsee or the indorsee's agents or damages occasioned to the person by reason of any material misrepresentation, fraud, deceit or other unlawful act or omission by the indors…

839-014-0400 Definitions for Civil Penalties As used in OAR 839-014-0400 to 839-014-0450 “knowingly” or “willfully” means action undertaken with actual knowledge of a thing to be done or omitted or action undertaken by a person who should have known the thing to be done or omitte…

839-014-0410 Violations Separate and Distinct Each violation is a separate and distinct offense. In the case of continuing violations, each day’s continuance is a separate and distinct violation. Statutory/Other Authority: ORS 164, 165, 651, 658.820(1) & 962 History: BL 2-1990, f…

839-014-0420 Violations for Which a Civil Penalty May Be Imposed Pursuant to ORS 658.850, the commissioner may impose a civil penalty for any of the following violations: (1) Operating a farmworker camp without first having obtained a farm labor contractor’s license in violation …

839-014-0430 Criteria for Determining a Civil Penalty (1) The commissioner may consider the following mitigating and aggravating circumstances when determining the amount of any civil penalty to be imposed, and shall cite those the Commissioner finds to be appropriate: (a) The hi…

839-014-0440 Schedule of Civil Penalties (1) The civil penalty for any one violation shall not exceed $2,000. The actual amount of the civil penalty will depend on all the facts and on any mitigating and aggravating circumstances. (2) For purposes of this rule, “repeated violatio…

839-014-0450 Suspension of Civil Penalty (1) The commissioner may suspend any civil penalty issued pursuant to ORS 658.850(3), if the matter for which the penalty was issued was corrected within 15 days of the time the operator received notice of the violation for which the civil…

839-014-0470 Denying, Suspending, Revoking or Refusing to Renew or Issue a License Indorsement (1) The commissioner may deny, refuse to issue or renew, suspend or revoke a license indorsement if: (a) The conditions under which the indorsement was issued have changed or no longer …

839-014-0500 Immediate Suspension or Refusal to Renew a License Indorsement; Notice of Opportunity for Hearing; Service (1) If the bureau finds there is a serious danger to the public health or safety, it may immediately suspend or it may refuse to renew a license indorsement. Fo…

839-014-0600 Definitions for Regulations Pertaining to Employee Access to a Telephone in a Farmworker Camp As used in ORS 659A.253(3) and in OAR 839-014-0600 to 839-014-0630, unless the context requires otherwise: (1) “Emergency” means circumstances in which the life, health, saf…

839-014-0610 Emergency Access to Telephone (1) When employees occupy farmworker housing that is owned or controlled by the employer, the employer shall ensure that employees occupying the housing have reasonable access to an operating telephone at any time for emergency use. The …

839-014-0620 Other Access to Telephone (1) When employees occupy housing that is owned or controlled by the employer, the employer shall ensure that employees occupying the housing have reasonable access to an operating telephone for the private use of the employees. The telephon…

839-014-0630 Waiver from Telephone Requirement (1) An employer may request a waiver from the requirements of ORS 659A.253(3) and these rules. Prior to the granting of any request for waiver the employer must demonstrate to the Commissioner that: (a) Compliance with the statute an…

839-015-0000 Notice of Proposed Rule Prior to the permanent adoption, amendment or repeal of any rule relating to labor contractors, the Bureau of Labor and Industries shall give notice of the intended action as required in OAR 839-002-0002. Statutory/Other Authority: ORS 183.335…